A/68/376 General Assembly

Total Page:16

File Type:pdf, Size:1020Kb

A/68/376 General Assembly United Nations A/68/376 General Assembly Distr.: General 10 September 2013 Original: English Sixty-eighth session Item 69 (c) of the provisional agenda* Promotion and protection of human rights: human rights situations and reports of special rapporteurs and representatives Situation of human rights in the Palestinian territories occupied since 1967 Note by the Secretary-General The Secretary-General has the honour to transmit to the members of the General Assembly the report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Richard Falk, submitted in accordance with Human Rights Council resolution 5/1. * A/68/150. 13-46994 (E) 111013 *1346994* A/68/376 Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 Summary The present report develops arguments presented in the previous report of the Special Rapporteur to the sixty-seventh session of the General Assembly, which focused on businesses profiting from Israeli settlements and described the involvement of 13 businesses in the activities of Israel in the Occupied Palestinian Territory with reference to the United Nations Guiding Principles on Business and Human Rights. The present report delineates a model for legal analysis by focusing on two illustrative companies chosen for the specific ways in which their activities potentially implicate them in international crimes. The report also takes note of other issues, including the urgent matter of water and sanitation rights. Contents Page I. Introduction ................................................................... 3 II. Methodology .................................................................. 5 III. Normative frameworks .......................................................... 6 A. International humanitarian law ............................................... 7 B. International human rights law ............................................... 8 C. International criminal law ................................................... 9 D. Conclusions on a normative framework ........................................ 12 IV. Case studies ................................................................... 13 A. Dexia Group .............................................................. 13 B. Re/Max International ....................................................... 18 C. Conclusions on case studies .................................................. 20 V. Water and sanitation in the West Bank and Gaza Strip................................. 21 VI. Recommendations .............................................................. 23 2/24 13-46994 A/68/376 I. Introduction 1. As in all earlier reports during his period as Special Rapporteur, the Special Rapporteur has been denied the benefits of cooperation with the Government of Israel, including permission to enter the territory of the State of Palestine. The Special Rapporteur did benefit from a mission to Gaza in December 2012, facilitated by the then-Government of Egypt via entry at the Rafah crossing. The visit was extremely valuable in providing direct access to those living under occupation. There is no substitute for this kind of direct experience on the ground in assessing allegations of violations of human rights by Israel as the Occupying Power. As the present report to the General Assembly is the final one of his tenure, the Special Rapporteur would like to stress the importance of not allowing this pattern of non-cooperation to become a precedent that will hamper the efforts of future Special Rapporteurs to be as effective as possible in investigating contentions relating to the human rights situation that prevails. It has been disappointing that more has not been done by the United Nations to induce compliance by Member States with their obligation under international law to cooperate with the Organization. 2. This mandate was established in 1993 when it was still appropriate to refer to the West Bank, East Jerusalem, and Gaza as “occupied territories”. To continue such usage at this time seems misleading. On 29 November 2012 the Palestinian presence within the United Nations system was upgraded by General Assembly resolution 67/19, conferring the status of non-member observer State. It thus seems more appropriate to refer to the territories administered by Israel as “Palestine” — but at the same time confirm the continuing responsibilities of Israel under international humanitarian law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), as the Occupying Power. Beyond the matter of status are issues of substance. The cumulative process of unlawful settlement building and expansion has reached a point where a partially irreversible process of creeping annexation has taken place, which needs to be recognized as such, that undermines the core assumption of “belligerent occupation” as a temporary reality. This alteration of the occupied territories over time has been perversely acknowledged, even provisionally validated, by the widely held assumption that Israeli “settlement blocs” will not be dismantled even in the event that a peace agreement is reached between the Palestinian Authority and Israel. 3. It is more crucial than ever to insist upon the responsibilities of Israel as the Occupying Power under international law. The Geneva Conventions and Additional Protocols I and II, as well as a large number of obligatory international human rights agreements, are indispensable in identifying and evaluating various allegations of practices relating to the administration by Israel of daily life in the West Bank, East Jerusalem and Gaza. This legal framework is important in evaluating such policies and practices as are associated with the construction of the wall on Palestinian land, the wrongful appropriation of Palestinian water resources, the confiscation of land, arrest and detention procedures, the violations of children’s rights, settler violence with the complicity of Israeli security forces, house demolitions and collective punishment via blockades, curfews and restricted movements. While all those policies and practices deserve international attention, the Special Rapporteur focuses some attention in the present report on the wrongful appropriation of water resources, which has been a somewhat neglected aspect of the Israeli occupation. 13-46994 3/24 A/68/376 4. The resumption of direct negotiations designed to resolve the conflict between Israel and Palestine calls particular attention at this time to an emphasis on protecting the rights of the Palestinian people during the course of a diplomatic process that, in the past 20 years, has excluded the relevance of international law. This is true, in particular, of the inalienable Palestinian right of self-determination that is not even mentioned in the Declaration of Principles on Interim Self-Government Arrangements of 1993. This mandate will have failed if the solution reached through diplomatic channels does not uphold the collective right of self-determination and the individual rights of those who have lived without rights under Israel military administration since 1967. There are also additional concerns associated with the population of Gaza, whose de facto governing authority since 2007 is not participating in the revived negotiations, raising questions as to whether the rights and interests of Palestinians in Gaza are being adequately represented. 5. The situation of the Gaza Strip is particularly troublesome, as its 1.7 million people have been compelled to live under a blockade since 2007. Gaza seems to be threatened with even greater hardships for its population as a result of recent developments in Egypt. While Israel is the Occupying Power and thus maintains legal obligations to Palestinians in Gaza, the population — for the time being — needs consistent access to and from Egypt by way of the Rafah crossing and also, in order to ensure its survival, needs access to the tunnel network that has been supplying Gaza with basic necessities. It should be recalled that a United Nations report issued a year ago, before the recent complicating developments, concluded that the habitability of the Gaza Strip was in doubt after 2020.1 During the mission of the Special Rapporteur, several experts on the threatened infrastructure of Gaza observed that even such a dire prediction was too optimistic, and that 2016 was a more realistic date. What is at stake in such a situation of extreme deprivation is a comprehensive assault on the social and economic rights of the people of Gaza, as embedded in the International Covenant on Economic, Social and Cultural Rights, to which Israel is a party. The maintenance of the blockade is a continuing violation of article 33 of the Fourth Geneva Convention, which unconditionally prohibits collective punishment. 6. The emphasis in the present report, as well as in the report submitted to the sixty-seventh session of the General Assembly, in 2012 (A/67/379), on issues of corporate responsibility and potential accountability in relation to Israeli settlements follows the recommendation of the fact-finding inquiry into settlements under the auspices of the Human Rights Council.2 It is also a reaction to the refusal of Israel to respect the obligation set forth in article 49 (6) of the Fourth Geneva Convention, which prohibits an Occupying Power from transferring citizens from its own territory
Recommended publications
  • Additional Documents to the Amicus Brief Submitted to the Jerusalem District Court
    בבית המשפט המחוזי בירושלים עת"מ 36759-05-18 בשבתו כבית משפט לעניינים מנהליים בעניין שבין: 1( ארגון Human Rights Watch 2( עומר שאקר העותרים באמצעות עו"ד מיכאל ספרד ו/או אמילי שפר עומר-מן ו/או סופיה ברודסקי מרח' דוד חכמי 12, תל אביב 6777812 טל: 03-6206947/8/9, פקס 03-6206950 - נ ג ד - שר הפנים המשיב באמצעות ב"כ, מפרקליטות מחוז ירושלים, רחוב מח"ל 7, מעלות דפנה, ירושלים ת.ד. 49333 ירושלים 9149301 טל: 02-5419555, פקס: 026468053 המכון לחקר ארגונים לא ממשלתיים )עמותה רשומה 58-0465508( ידיד בית המשפט באמצעות ב"כ עו"ד מוריס הירש מרח' יד חרוצים 10, ירושלים טל: 02-566-1020 פקס: 077-511-7030 השלמת מסמכים מטעם ידיד בית המשפט בהמשך לדיון שהתקיים ביום 11 במרץ 2019, ובהתאם להחלטת כב' בית המשפט, מתכבד ידיד בית המשפט להגיש את ריכוז הציוציו של העותר מס' 2 החל מיום 25 ליוני 2018 ועד ליום 10 למרץ 2019. כפי שניתן להבחין בנקל מהתמצית המצ"ב כנספח 1, בתקופה האמורה, אל אף טענתו שהינו "פעיל זכויות אדם", בפועל ציוציו )וציוציו מחדש Retweets( התמקדו בנושאים שבהם הביע תמיכה בתנועת החרם או ביקורת כלפי מדינת ישראל ומדיניותה, אך נמנע, כמעט לחלוטין, מלגנות פגיעות בזכיות אדם של אזרחי מדינת ישראל, ובכלל זה, גינוי כלשהו ביחס למעשי רצח של אזרחים ישראלים בידי רוצחים פלסטינים. באשר לטענתו של העותר מס' 2 שחשבון הטוויטר שלו הינו, בפועל, חשבון של העותר מס' 1, הרי שגם כאן ניתן להבין בנקל שטענה זו חסרת בסיס כלשהי. ראשית, החשבון מפנה לתפקידו הקודם בארגון CCR, אליו התייחסנו בחוות הדעת המקורית מטעם ידיד בית המשפט בסעיף 51.
    [Show full text]
  • Vice-Chancellor, I Have the Honour to Present, for the Award of the Degree of Doctor of Laws, Honoris Causa, Navanethem Pillay
    Vice-Chancellor, I have the honour to present, for the award of the degree of Doctor of Laws, honoris causa, Navanethem Pillay. Rwanda is a small state in east-central Africa. It is known for its natural beauty, with dramatic steep mountains and deep valleys covering most of the country. In 1994 this scene was devastated by genocide, and, in just three months, nearly a million people were slaughtered. Four years later, the mayor of the Rwandan town of Taba was tried and, on 2 September 1998, became the first person to be convicted of genocide in an international court 1. Two days later, former Rwandan Prime Minister Jean Kambanda was sentenced to life imprisonment 2 and became the first head of state to be held accountable for atrocities committed during his regime 3. Navi Pillay, whom we honour today, was one of the judges responsible for these convictions AND for setting these groundbreaking precedents. “Groundbreaking” and “first” are words that crop up many times in Navi Pillay’s distinguished career. She was born in Durban and studied at University of Natal Law School. She was the first woman to open her own law practice in Natal. Her precedent setting achievements began even then, when she won the right for Robben Island prisoners to have access to legal representation. After that, she served on the bench as an Acting Judge in the South African High Court. She then spent eight years with the International Criminal Tribunal of Rwanda, where she led a number of groundbreaking decisions, including defining rape as a war crime.
    [Show full text]
  • West Bank and Gaza 2020 Human Rights Report
    WEST BANK AND GAZA 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Palestinian Authority basic law provides for an elected president and legislative council. There have been no national elections in the West Bank and Gaza since 2006. President Mahmoud Abbas has remained in office despite the expiration of his four-year term in 2009. The Palestinian Legislative Council has not functioned since 2007, and in 2018 the Palestinian Authority dissolved the Constitutional Court. In September 2019 and again in September, President Abbas called for the Palestinian Authority to organize elections for the Palestinian Legislative Council within six months, but elections had not taken place as of the end of the year. The Palestinian Authority head of government is Prime Minister Mohammad Shtayyeh. President Abbas is also chairman of the Palestine Liberation Organization and general commander of the Fatah movement. Six Palestinian Authority security forces agencies operate in parts of the West Bank. Several are under Palestinian Authority Ministry of Interior operational control and follow the prime minister’s guidance. The Palestinian Civil Police have primary responsibility for civil and community policing. The National Security Force conducts gendarmerie-style security operations in circumstances that exceed the capabilities of the civil police. The Military Intelligence Agency handles intelligence and criminal matters involving Palestinian Authority security forces personnel, including accusations of abuse and corruption. The General Intelligence Service is responsible for external intelligence gathering and operations. The Preventive Security Organization is responsible for internal intelligence gathering and investigations related to internal security cases, including political dissent. The Presidential Guard protects facilities and provides dignitary protection.
    [Show full text]
  • Protection of Space for Civil Society and Human Rights Defenders­—The Case of Israel and Palestine
    Protection of Space for Civil Society and Human Rights Defenders —The Case of Israel and Palestine Protection of Space for Civil Society and Human Rights Defenders The Case of Israel and Palestine Contents Preface ............................................................................................................................. 3 1 | The context ................................................................................................................ 4 2 | About this report ....................................................................................................... 5 3 | New era, new measures? ......................................................................................... 6 4 | CSO “disenabling” measures in evidence ................................................................10 4.1 | In the OPT ........................................................................................................10 4.2 | In Israel ............................................................................................................15 4.3 | Other challenges faced by civil society in Israel and the OPT ........................19 5 | Recommended actions .............................................................................................20 ACTIONS FOR EU, MEMBER STATES AND OTHER STATE ACTORS ................................20 ACTIONS FOR ACT ALLIANCE MEMBERS/INTERNATIONAL NGOS ..............................21 6 | References .................................................................................................................23
    [Show full text]
  • Side-Event at the 23Rd Session of the UN Human Rights Council Dalit
    Side-event at the 23rd session of the UN Human Rights Council Dalit Women: Working together towards the elimination of multiple and intersecting forms of discrimination and violence based on gender and caste Opening remarks by Ms. Navi Pillay United Nations High Commissioner for Human Rights Geneva, 4 June 2013 Distinguished participants, Let me start by congratulating the organisers of this event, IDSN, IMADR, Human Rights Watch, and Minority Rights Group and the group of co-sponsoring states, for organising this important discussion today on “Dalit women: Working together towards the elimination of multiple and intersecting forms of discrimination and violence based on gender and caste”. Caste based discrimination and untouchability still remain a wide spread practice affecting an estimated 260 million individuals around the world considered to belong to “lower castes”. The caste system is the very negation of the principles of equality and non- discrimination, eroding the enjoyment of a wide range of political, civil, economic, social and cultural rights for Dalits and other caste affected groups. Among them, Dalit women and girls are exposed to multiple forms of discrimination based on gender and caste and, therefore, vulnerable to several layers of marginalisation and violence. The specific human rights violations that originate from the intersection of discrimination based on caste and gender include sexual violence, sexual exploitation, trafficking, other forms of gender-based violence, bonded labour, lack of or limited access to food, water and sanitation, healthcare, education, adequate housing, and unequal participation in political, economic and social life. Earlier this year, this nexus came into tragic focus following terrible cases of sexual violence in India, some targeting Dalit women.
    [Show full text]
  • 1 2017 Annual Report 2017 Had the Dubious Distinction Of
    . 2017 Annual Report 2017 had the dubious distinction of marking the 50th anniversary of Israel’s occupation of the West Bank, including East Jerusalem, and the Gaza Strip. After half a century, during which Israel’s policies have created profound changes that indicate long-term intentions, it is clear that this reality cannot be viewed as temporary. In 2017, B'Tselem continued to document and publicize human rights violations, while exposing the injustice, violence and dispossession at the very core of the occupation regime, challenging its legitimacy in Israel and abroad, and helping to expedite its end. 1 Table of Contents 2017 in Numbers 3 Executive Director's Note 5 Marking the 50th year of the Occupation 6 Photography Exhibit 6 Media Surrounding the 50th Anniversary 8 Reports Published in 2017 8 Getting Off Scot-Free 8 Made in Israel: Exploiting Palestinian Land for Treatment of Israeli Waste 9 Unprotected: Detention of Palestinian Teenagers in East Jerusalem 9 Fatalities 10 Trigger-Happy Responses to Clashes, Stone-throwing Incidents, Demonstrations or Evading Arrest 10 A Shoot-to-Kill Approach in Cases Defined as Assault 10 Security Forces Violence Against Palestinians 11 The Gaza Strip – A Decade of Siege 11 Separating Families 12 Gaza Executions 12 Prisoners and Detainees 13 Hunger Strike 13 Minor detainees 13 Communities Facing Demolitions and Displacement in Area C 14 Communities Under Imminent Threat of Transfer 14 An Increasingly Coercive Environment 15 Demolition Data 15 Demolitions in East Jerusalem 16 Batan al-Hawa -
    [Show full text]
  • Israel and the Occupied Palestinian Territories
    March/April 2020 Moving Stories Responding to the crisis in Israel and the occupied Palestinian territories One of our partner organisations in Israel and the occupied Palestinian territories (IoPt) is B’Tselem. The name B’Tselem (lit. in the image of) alludes to Genesis 1:27: “And God created humankind in His image...” Since 1989, B’Tselem has documenting Israeli violations of Palestinian human rights. It hopes to Issa Amro speaking to the URC Visitors minimize such violations by publishing statistics, testimonies, methodology for a comprehensive, eyewitness accounts and video Palestinian resistance against the footage - https://www.btselem.org. occupation. YAS strongly discourages youth knife violence against Israelis. On the recent URC educational visit Issa has been arrested dozens of to IoPt, we met the incredible Issa times. Bernie Sanders wrote in Amro, who works for B’Tselem. support of him in May 2017. He was released on bail and later met with Issa spoke to us in Hebron, very near Sanders and the US Congress. to where he was born on Shuhada Street. This street is now closed off by the Israeli military, as is much of the city, to protect the settler Israeli population. Issa can’t go home… Issa Amro is the coordinator Youth Against Settlements (YAS), a project that involves young Palestinians in nonviolent resistance against the Israeli occupation. His dream is to see nonviolence used as the core Commitment for Life is the Global Justice Programme of the United Reformed Church in the UK [email protected] | 020 7520 2726 | [email protected] | 020 7916 8638 www.urc.org.uk/cfl | www.facebook.com/comm4life | Twitter: @Comm4Life1 .
    [Show full text]
  • Cooperation with the United Nations, Its Representatives and Mechanisms in the Field of Human Rights
    United Nations A/HRC/27/38 General Assembly Distr.: General 27 August 2014 Original: English Human Rights Council Twenty-seventh session Agenda items 2 and 5 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Human rights bodies and mechanisms Cooperation with the United Nations, its representatives and mechanisms in the field of human rights Report of the Secretary-General* Summary The present report is submitted pursuant to Human Rights Council resolution 12/2, in which the Council invited the Secretary-General to submit a report to the Council at its fourteenth session, and annually thereafter, in accordance with its programme of work, containing a compilation and analysis of any available information, from all appropriate sources, on alleged reprisals against the persons referred to in paragraph 1 of the resolution, as well as recommendations on how to address the issues of intimidation and reprisals. The report contains information gathered from 16 June 2013 to 31 May 2014 and highlights relevant statements and efforts made by various stakeholders in relation to intimidation and reprisals. It contains allegations of reprisals against persons who have cooperated with the United Nations, its representatives and mechanisms in the field of human rights and follow-up information regarding situations mentioned in previous reports. It provides recommendations with a view to addressing and preventing cases of intimidation and reprisal. * Late submission. GE.14-15023 (E) A/HRC/27/38 Contents Paragraphs Page I. Introduction ............................................................................................................. 1–9 3 II. Information received on cases of reprisal for cooperation with the United Nations, its representatives and mechanisms in the field of human rights .
    [Show full text]
  • UC Santa Barbara Electronic Theses and Dissertations
    UC Santa Barbara UC Santa Barbara Electronic Theses and Dissertations Title Now That I’ve Seen Their Faces: Contact, Social Justice, and Tourism in Israel/Palestine Permalink https://escholarship.org/uc/item/36079063 Author Schneider, Emily Maureen Publication Date 2019 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA Santa Barbara Now That I’ve Seen Their Faces: Contact, Social Justice, and Tourism in Israel/Palestine A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Sociology by Emily Maureen Schneider Committee in charge: Professor Kum-Kum Bhavnani, Chair Professor John Foran Professor Lisa Hajjar Professor Richard Flacks March 2019 The dissertation of Emily Maureen Schneider is approved. ____________________________________________ John Foran ____________________________________________ Lisa Hajjar ____________________________________________ Richard Flacks ____________________________________________ Kum-Kum Bhavnani, Committee Chair December 2018 Acknowledgements This dissertation is about empathy and learning. Throughout my life, I have been fortunate to be surrounded by people who have provided me with both of these gifts. In particular, my chair, Kum-Kum Bhavnani has exemplified this balance of kindness and intellectual rigor. She has pushed me to think deeply, to strive for clarity, and to be accountable to my subjects and to greater political truths. I often tell people how lucky I am to have an advisor whom I have maintained such a rich, trusting relationship with for nearly seven years. Kum-Kum, thank you for your guidance and for enabling me to write a dissertation that captures the complexities of lived experience, the unique pains and hopes of diverse individuals, while remaining committed to the struggle against oppression.
    [Show full text]
  • 20 April 2009 GENEVA
    UN INFORMATION SERVICE 20 April 2009 GENEVA TRANSCRIPT OF STATEMENTS BY SECRETARY-GENERAL AND HIGH COMMISSIONER FOR HUMAN RIGHTS AT PRESS CONFERENCE ON OPENING OF DURBAN REVIEW CONFERENCE Following is a transcript of the remarks by United Nations Secretary-General Ban Ki-moon and United Nations High Commissioner for Human Rights Navi Pillay made at a press conference in the Palais des Nations at the end of the opening day of the Durban Review Conference. The Review Conference, which runs from 20 to 24 April in Geneva, will assess progress made since the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Durban, South Africa. The UN Secretary-General: Ladies and gentlemen, it is a great pleasure to see you again. One of the primary roles of the United Nations is to mobilize action against the pervasive violations of human rights that take place in every part of our world. The fight against racism has been a core part of that mandate since the Organization’s founding. And it is the evil of racism that I want you, as members of the media, to stress to your audiences. Some people point to great strides that the world has made recently as evidence that racism is going away. But I am here to tell you that we still have to do much more. In fact, despite decades of advocacy, and despite the elaboration of a far- reaching legal framework, racism is something that we’re still living with. Despite the efforts of many United Nations human rights bodies, and despite ample evidence of racism’s terrible toll, millions upon millions of people continue to fall victim.
    [Show full text]
  • Human Rights Council 20 Session Opening Statement By
    Check against delivery Human Rights Council 20th Session Opening Statement by Ms. Navi Pillay United Nations High Commissioner for Human Rights Geneva, 18 June 2012 Madame President, Distinguished Members of the Human Rights Council, Excellencies, Colleagues and Friends, Once again we are meeting against a backdrop of crises around the globe. Economic strife continues to devastate lives and livelihoods across the world; political upheaval persists in countries large and small, prompting action by civil society; and humanitarian disasters present obstacles to peoples’ exercise of their human rights in far too many places. This Council has deliberated and acted on some of these crises and I am confident will do so during this session. This backdrop also continues to define my Office’s work, and reminds us of the duty we owe towards those suffering across the world. Let me begin by expressing my sincere gratitude to the General Assembly for appointing me for a second term and, of course, for the Secretary-General for his proposal. I am honoured by this decision and the support which you have shown me over the past four years. I will continue to work under a sense of obligation to the cause of human rights; to all the world's peoples, whom you represent; and human rights victims everywhere. The situation in Syria continues to deteriorate, and the suffering of civilians has increased significantly. The escalating violence has limited the ability of the UN Supervision Mission in Syria to carry out its mandate and as a result UNSMIS had to suspend its operation on 15 June.
    [Show full text]
  • UN Human Rights Experts
    ISSUE BRIEF No. 3942 | MAY 16, 2013 U.N. Human Rights Experts: More Transparency and Accountability Required Brett D. Schaefer and Steven Groves ecent statements by United Nations Human issues or situations in specific countries. In the RRights Council Special Rapporteur Richard course of their duties, the mandate holders (entitled Falk rekindled a debate over how such experts “special rapporteurs” or independent experts) may should be held accountable when their behavior vio- visit countries, bring attention to alleged human lates the conduct expected of them. Moreover, the rights violations or abuses through statements and scrutiny elicited by Falk’s statements has exposed communications, conduct studies, and otherwise the fact that funding for special procedures deserves comment, advocate, and raise awareness of their more transparency, especially regarding the ability mandates. As of April 1, 2013, there were 36 the- of mandate holders to not disclose financial support matic mandates and 13 country-specific mandates received from sources other than the U.N. regular of which a number were inherited by the HRC from budget. its predecessor, the discredited U.N. Commission on The U.S. should address these issues by demand- Human Rights.1 ing that the Human Rights Council (HRC) adopt Many mandate holders conduct themselves pro- an explicit procedure for dismissing mandate hold- fessionally and strive to fulfill their responsibilities ers who grossly or repeatedly violate the Code of with independence, impartiality, personal integri- Conduct for Mandate Holders, directing the HRC to ty, and objectivity, which, along with expertise and publicly post the financial implications of the spe- experience, are identified by the HRC as being of cial procedures, and requiring full disclosure of all “paramount importance” in the selection of mandate financial and other support received by mandate holders.2 Although Falk, the “Special Rapporteur on holders.
    [Show full text]